Indianapolis Lawyer

Men Arrested for Clean Air Act Asbestos Worker Protection Violations

Criminal Defense, Personal Injury No Responses »

Aug 232010

Charles Yi and John Bostick were arrested Wednesday for violations of the Clean Air Act’s asbestos work practice standards committed during the renovation of a 204-unit apartment building in Winnetka, Calif., in January through February of 2006, the Justice Department announced today.

The arrest follows a six-count indictment returned against Yi and Bostick by a federal grand jury in Los Angeles on July 22, 2010. The indictment also charged the defendants with conspiracy to violate the Clean Air Act.

The Clean Air Act requires those who remove asbestos from buildings to adhere to established work practice standards to ensure the safe removal, transportation, and disposal of the asbestos.

The defendants were high level officers of three companies that purchased the property and oversaw its renovation and conversion for sale as condominiums. The indictment alleges that, despite having knowledge of asbestos contained in the acoustical or “popcorn” ceilings of the apartment units, the defendants hired a company that was not licensed or trained in asbestos abatement to scrape the ceilings of the units without telling the company’s workers of the asbestos in the ceilings or providing them with adequate protective gear.
The indictment charges the defendants with violations of several asbestos worker protection standards, including failing to notify the government of the asbestos abatement project, failing to have a foremen on site trained in the asbestos regulations, failing to keep the asbestos waste material wet during the abatement, failing to contain the asbestos waste material in air tight containers and failing to dispose of the asbestos waste material at a hazardous waste disposal site.

If convicted, the defendants face up to five years in prison as well as a criminal fine of up to $250,000 for each count.
The allegations in the indictment are mere accusations and all persons are presumed innocent until and unless proven guilty beyond a reasonable doubt in a court of law.

The case was investigated by the Criminal Investigation Division of the U.S. Environmental Protection Agency and the California South Coast Air Quality Management District. The case is being prosecuted by the U.S. Attorney’s Office for the Central District of California and the Justice Department’s Environmental Crimes Section.

source: justice.gov

Indiana Sexual Crime Lawyer

Criminal Defense No Responses »

Aug 102010

Laura A. Wass, 21, of Hamilton, Indiana, was sentenced by Judge Theresa Springmann to 12 months and one day imprisonment and three years of supervised release after pleading guilty to count one of an indictment charging her with manufacture of a controlled substance, namely, 100 or more marijuana plants. This case was investigated by the Drug Enforcement Administration, the Ashley Police Department, the Indiana State Police, the Hamilton Police Department and the the United States Postal Inspection Service. This case was prosecuted by Assistant United States Attorney Anthony Geller.

If you or a loved one has been arrested in Indiana, contact our Indiana Criminal Defense Lawyers now!

Jose Zapata, 38, of Marion, Indiana, plead guilty before Judge Theresa Springmann to count one of an indictment charging him with receipt of material involving the sexual exploitation of a minor. This case was investigated by the Federal Bureau of Investigation Cyber Crime Task Force, the Fort Wayne Police Department, the Indiana State Police, the Allen County Police Department, and the Hamilton County Metro Crimes Against Children Task Force. This case is being prosecuted by Assistant United States Attorney Lesley Miller Lowery.

The specific sentence in each case to be imposed upon conviction will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

Indianapolis Drug Possession Attorney

Criminal Defense, Traffic Tickets 1 Response »

Jul 242010

Pot Found on Bret Michaels Tour Bus by Indiana Law Enforcement

According to the Fort Wayne News-Sentinel Tour buses carrying Bret Michaels were subjects of a motor vehicle traffic stop on Interstate 69 in DeKalb County Indiana around midnight Wednesday. The probably cause for the stop was reported to be an inoperative equipment. One of the vehicles license plates lights didn’t work.

If you or a loved one has been charged with a drug possession, contact our Indianapolis Drug Possession Attorney now!

After taking the driver’s licenses and registrations of both drivers, law enforcement officers conducted a search of the first bus with the police dogs. Further investigation using police k9’s revealed marijuana and other unspecified drugs onboard.

No physical arrests were made, but charges were forwarded to the DeKalb County Prosecutor’s Office.

Bloomington Physician Charged with Health Care Fraud and Unlawful Drug Distribution

Criminal Defense No Responses »

Jul 162010

INDIANAPOLIS—Kamal Tiwari, age 58, a medical doctor practicing in Bloomington, Ind., has been indicted by a federal grand jury sitting in Indianapolis with health care fraud, health care fraud resulting in serious bodily injury, and 11 counts of unlawful drug distribution. The indictment, returned Wednesday, was unsealed today following Tiwari’s arrest. These charges are the result of a more than two-year investigation by the Inspector General of the United States Department of Health and Human Services (HHS), Indiana Medicaid Fraud Control Unit, Office of the Indiana Attorney General, and the Federal Bureau of Investigation (FBI).

If you or a loved one has been charged with health care fraud, contact our Indiana fraud lawyers now!

Tiwari does business as The Pain Management Center of Southern Indiana, P.C., The Pain Management & Surgery Center of Southern Indiana, Inc., Southern Indiana Anesthesiology, Inc., P.C., formerly known as Kamal, Inc., P.C.
The indictment alleges that Tiwari required patients to undergo medically unnecessary injection procedures, such as facet blocks, trigger point injections, radiofrequency ablations, and epidurals, as a condition of receiving narcotic controlled substance prescriptions, such as methadone, Percocet, Oxycontin, and oxycodone, Schedule II narcotic controlled substances. The indictment alleges that the injection procedures were performed in a frequency and pattern that was not medically necessary, and was outside the bounds of medical practice and not for a legitimate medical purpose. The indictment also alleges that Tiwari prescribed controlled substances as part of a scheme to defraud, in such dosage frequencies, combinations of controlled substances, and in such amounts to drug-dependent patients as were likely to cause and did cause those patients to submit to unwanted an unnecessary injection procedures and other services, and to cause those patients to become dependent on the medically unnecessary procedures.
The indictment sets out 16 patients that specifically illustrate the medically unnecessary procedures and improper drug prescriptions. The indictment goes on to allege 11 counts of illegal drug distribution by setting forth 11 prescriptions of Schedule II controlled substances that were not for a legitimate medical purpose and beyond the bounds of medical practice.
The indictment alleges that Tiwari defrauded health care benefit programs, including Medicare, Indiana Medicaid, and Anthem Blue Cross Blue Shield. It alleges that from 2002 through 2007, Tiwari was paid approximately $21,617,687 by these three health care benefit programs alone.
“The allegations in this matter go well beyond the healthcare billing fraud we usually see. In this situation a physician not only used patients as pawns for profit, but actually compromised the health of some of Indiana’s most vulnerable citizens. The HHS Office of Inspector General (OIG) will continue to work with our local, State, and Federal partners to ensure that these types of crimes are investigated and prosecuted,” said Lamont Pugh III, Special Agent in Charge of OIG’s Chicago Region, which includes the State of Indiana.

Financial Fraud Enforcement Task Force Announces Regional Results of “Operation Stolen Dreams” Targeting Mortgage Fraudsters

Criminal Defense No Responses »

Jul 092010

INDIANAPOLIS—Following an announcement today by Attorney General Eric Holder in Washington, DC, representatives of the Financial Fraud Enforcement Task Force in Indianapolis, including U.S. Attorney Timothy M. Morrison, Federal Bureau of Investigation and Internal Revenue Service Criminal Investigation Division, announced the regional results of the nationwide takedown, Operation Stolen Dreams, which targeted mortgage fraudsters in the Southern District of Indiana and throughout the country and is the largest collective enforcement effort ever brought to bear in confronting mortgage fraud.

If you or a loved one is charged with Fraud, contact our Indiana fraud lawyers and attorneys now!

The sweep was organized by President Obama’s interagency Financial Fraud Enforcement Task Force, which was established to lead an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. Starting on March 1, to date Operation Stolen Dreams has involved 1,215 criminal defendants nationwide, including 485 arrests, who are allegedly responsible for more than $2.3 billion in losses. Additionally, to date the operation has resulted in 191 civil enforcement actions which have resulted in the recovery of more than $147 million.
“Mortgage fraud ruins lives, destroys families and devastates whole communities, so attacking the problem from every possible direction is vital,” said Attorney General Holder. “We will use every tool available to investigate, prosecute, and prevent mortgage fraud, and we will not rest until anyone preying on vulnerable American homeowners is brought to justice.”

“Since 2002, in the Southern District of Indiana, more than 72 persons have been convicted in mortgage fraud schemes, resulting in more than $93.1 million in ordered restitution,” said U.S. Attorney Morrison. “Sixty-one persons received prison sentences averaging over 31 months, and those included mortgage brokers, appraisers, loan officers, closing agents and realtors.”

Earlier in 2010, in the Southern District of Indiana, Robert Penn and seven other defendants were sentenced to terms of imprisonment between 24 and 84 months following the successful prosecution of a $16.6 million dollar mortgage fraud scheme. In February, 2010, Beverly A. Ross was sentenced to 63 months imprisonment for a mortgage fraud scheme involving 34 properties at a loss to lenders of $5.6 million. “Mortgage fraud is the FBI’s highest financial crime priority. Mortgage fraud is a ruinous blight on communities, the banking industry, and the nation as a whole. The FBI will continue to utilize our financial investigative expertise to address the mortgage fraud problem within the real estate industry. The FBI is committed to pursuing those individuals who have manipulated the mortgage loan process for their own financial gain. While these investigations are lengthy and complicated, the FBI will continue to work with our law enforcement partners to ensure that the individuals who commit mortgage fraud are investigated and prosecuted,” stated Michael Welch, Special Agent in Charge of the FBI in Indiana.
Al Patton, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division, Chicago Field Office stated that, “These types of crimes create a significant loss of tax revenue, drive buyers into foreclosure, leave lenders burdened with bad loans and neighborhoods with abandoned and deteriorating properties. IRS CI is committed to applying their financial expertise and pursuing individuals who create such havoc.”

Unlike previous mortgage fraud sweeps, Operation Stolen Dreams focused not only on federal criminal cases, but also on civil enforcement, restitution for victims and increasing cooperation with state and local partners.
The President’s Financial Fraud Enforcement Task Force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. For more information on the task force, visit StopFraud.gov.
There are a number of federal, state and local agencies who have partnered together to combat mortgage fraud. Most recently, in the Southern District of Indiana, that includes the Internal Revenue Service, Criminal Investigation Division, the Federal Bureau of Investigation, the United States Trustee, Region 10, the Indiana Attorney General’s Office, Homeowner Protection Unit, the Indiana Secretary of State’s Office Prosecution Assistance Unit, as well as the Hamilton County Sheriff’s Department, the Richmond Police Department and the Hamilton County Prosecuting Attorney.

Operation Stolen Dreams cases in the Southern District of Indiana included:
United States vs. Kathy Puckett
Charged May 19, 2010, with mail fraud and obstructing justice, Puckett was co-owner of Richmond Mortgage and served as its mortgage broker. The information alleges that Puckett submitted false information to the lenders, including false verification of employment, inflated account balances and credit scores. Loss to the lenders is alleged to exceed $200,000.
United States vs. Amanda Burroughs
Under the name WWL & Co., Amanda Burroughs was in the business of purchasing distressed homes, improving them and selling them for profit. Between May, 2005 and February, 2008, Burroughs allegedly began to conceal from lenders the source of her buyers’ downpayment money in order to induce the lenders to loan to buyers who would otherwise not qualify for loans. WLL would receive money at each closing from the sale of these properties, many of which went into foreclosure. Lenders purportedly lost $385,000 in the scheme.

source: http://indianapolis.fbi.gov/dojpressrel/pressrel10/ip061710a.htm

Indianapolis Criminal Assault Attorneys & Lawyers

Criminal Defense No Responses »

Jun 242010

Depending on the specific jurisdiction, criminal assault entails some form of intentional action by an individual that causes another individual or group of individuals, to fear imminent physical harm or some form of unwanted contact. Assault, contrary to popular belief, does not necessarily need to include actual physical contact. Touching is normally considered and categorized as battery. Assault is normally considered the creation of the fear of physical harm by a victim. It can also be described as putting a person in fear of immediate harm or danger.

Let our Indianapolis criminal assault lawyers and attorneys help you now.

Our attorneys serve Marion County with experience in many different areas of Criminal Defense. They pride themselves in providing excellent legal services to those in Indianapolis.

Leader of Texas Prison/Street Gang Sentenced to Prison for Firearms Conviction

Criminal Defense No Responses »

Jun 212010

A reputed high ranking member of the Aryan Brotherhood of Texas (ABT) prison/street gang and a previously convicted felon, has been sentenced to prison for possessing firearms, U.S. Attorney José Angel Moreno and Assistant Attorney General Lanny A. Breuer for the Department of Justice Criminal Division announced today.

If you or a loved one has been charged with a firearms crime, contact our Indiana criminal defense lawyers now!

U.S. District Judge Gray H. Miller sentenced Cooke to 96 months in federal prison without parole and a three-year-term of supervised release following his prison term. Cooke, identified in previous court proceedings as a “general” of the ABT, pleaded guilty to one count of being a felon in possession of a firearm on Feb. 16, 2010. Convicted felons are prohibited from possessing firearms under federal law.

At the time of his guilty plea, Cooke, who has multiple prior convictions dating back to 1987 for aggravated robbery, robbery, possession of crack cocaine and theft of firearms, admitted to having possessed 13 firearms at his Tomball, Texas, area residence between April 2007 and Oct. 23, 2008. The firearms, including seven rifles — two of which were ROMARM/CUGIR 7.62 cal from Romania, five shotguns and one Sterling .380 cal pistol, were seized following the execution of a state search warrant. In addition to the firearms, more than 300 rounds of ammunition and body armor were also seized from Cooke’s residence.

The search warrant was obtained as a result of an investigation conducted by special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Tomball Police Department, Texas Rangers, Texas Department of Public Safety, Montgomery County Sheriff’s Office, Houston Police Department Gang Unit, Drug Enforcement Administration, the U.S. Marshals Service and the U.S. Department of Justice’s Gang Targeting, Enforcement and Coordinating Center. A camera containing photographs of Cooke carrying one of the Romanian rifles was seized from Cooke’s vehicle in mid-October 2008 by the Polk County Sheriff’s Office prompting the investigation leading to these federal charges.

Assistant U.S. Attorney Jay Hileman and Trial Attorney David N. Karpel of the Criminal Division’s Gang Unit prosecuted the case.

Battery on an Indiana Police Officer

Criminal Defense No Responses »

Jun 172010

Anderson – On Jun 02, 2010 Indiana State Trooper Jason Girt observed two females yelling at each other in a parking lot at 53rd and Scatterfield in Anderson. Trooper Girt proceeded into the parking lot and made contact with Blair N. Richardson, 24, Gaston. Richardson appeared to be intoxicated and began screaming at Trooper Girt and swearing.

If you or a loved one has been charged with battery on a police officer, contact one of our Indiana criminal defense lawyers or attorneys now!

Girt then advised Richardson to stop swearing but she refused. As Trooper Girt attempted to handcuff her she became combative and began to fight. A short struggle ensued and Trooper Girt was able to handcuff Richardson and place her under arrest. Blair N. Richardson was transported to the Madison County Jail and incarcerated.

Trials Likely Delayed In Indiana Church Fraud Case

Criminal Defense No Responses »

Jun 082010

SULLIVAN, Ind. (AP) — The criminal trials of a former Indiana pastor and his sons charged with bilking church members nationwide out of millions of dollars could be delayed for months. Sixty-five-year-old Vaughn Reeves was set to go to trial June 6 in Sullivan County, but a special judge granted a defense motion for a continuance. No new date has been set.

If you or a loved one has been charged with fraud, contact one of our Indiana fraud lawyers or attorneys now!

A judge in Gibson County also postponed the Aug. 17 trial of Reeves’ son Chip. That trial is now expected to start in January. A Daviess County judge has said she also delay the July 27 trial date for Joshua Reeves. Chris Reeves’ Martin County jury trial is still set for Aug. 17.
All four have pleaded not guilty to charges that they pocketed about $6 million from investments in church construction projects.
___
Information from: Tribune-Star, http://www.tribstar.com

Terre Haute Man Arrested For Criminal Mischief

Criminal Defense No Responses »

Jun 082010

The Tribune-Star Reported That A West Terre Haute man faces criminal charges after kicking out a window of a police car. He was arrested on preliminary charges of intimidation, criminal mischief and public intoxication. He appeared Thursday in Vigo Superior Court 1 where Officer Teddy York of the West Terre Haute Police Department reported that police were called to a home on South Eighth Street at about 6:15 p.m. Tuesday.

If you have been arrested for criminal mischief or public intoxication contact our Indiana criminal defense lawyers now!

York said a woman called police to report that the man was an unwanted guest at the home. At one point, the man allegedly had a knife and threatened to harm people. He had a .28 percent blood-alcohol content when arrested. In Indiana, .08 percent BAC is considered legally intoxicated. Judge Michael Eldred heard that Wallace has prior arrests for assault, disorderly conduct, probation violation and evading police.